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U.S. v. KUSEK

No. S 86 Cr. 83 (SWK).

647 F.Supp. 1150 (1986)

UNITED STATES of America, v. Luke J. KUSEK and Hom Gurung, Defendants.

United States District Court, S.D. New York.

November 6, 1986.

Attorney(s) appearing for the Case

Buchwald & Kaufman, Attorneys New York City by Don D. Buchwald, for defendant Luke J. Kusek.

Rudolph W. Giuliani, U.S. Atty., S.D. N.Y., New York City by Robert L. Folks, for U.S.

MEMORANDUM OPINION AND ORDER

KRAM, District Judge.

Presently before the Court is defendant Luke J. Kusek's motion to suppress evidence seized from his home pursuant to a search warrant. Kusek argues that the evidence seized was beyond the scope of the search warrant and not admissible under the "plain view" doctrine. Coolidge v. New Hampshire, 403 U.S. 443, 91 S.Ct. 2022, 29 L.Ed.2d 564 (1971).1

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